Vol 20 (2023) - Issue 2

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East-West Logistics LLP v Melars Group Ltd [2022] EWCA Civ 1419

Synopsis
The English Court of Appeal ('CoA') dismissed an appeal against the High Court's decision to set aside a winding-up order made on the grounds that the debtor's centre of main interests ('COMI') was in the United Kingdom and not in Malta, where it had its registered office. The CoA highlighted the importance of the legal presumption in Article 3(1) of Regulation (EU) 2015/848 (the 'EU Regulation') that a company's COMI is at the place of its registered office. The CoA held that the High Court had not erred in holding that the facts presented were insufficient to demonstrate that the company conducted the administration of is interests on a regular basis in the United Kingdom so as to rebut the statutory presumption under the EU Regulation in favour of Malta.